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Statement on CQC's Role and Responsibilities for Safeguarding

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Statement on CQC's Role and Responsibilities for Safeguarding Statement on CQC’s role and responsibilities for safeguarding children and adults February 2018 Currently under review to late 2019 Contents Introduction ................................................................................................................ 3 What is our vision for safeguarding? .......................................................................... 3 What is our role in safeguarding? ............................................................................... 4 What is safeguarding? ................................................................................................ 5 Fundamental standards .......................................................................................... 5 Definitions ............................................................................................................... 6 What safeguarding is not ........................................................................................ 7 Why is safeguarding important to CQC to fulfil its purpose? ...................................... 7 Equality and human rights....................................................................................... 7 What are CQC’s responsibilities in safeguarding? ..................................................... 8 1. Ensuring providers have the right systems and processes ................................. 8 2. Working with other inspectorates ...................................................................... 10 3. Holding providers to account and securing improvements through Enforcement .............................................................................................................................. 12 4. Insight and responding to risk ........................................................................... 13 5. Working with local partners to share information ............................................ 144 Additional information ............................................................................................. 166 Data Protection ................................................................................................... 166 Governance ........................................................................................................ 166 Report a safeguarding issue .................................................................................. 166 Documents referred to in this statement, with links ................................................ 177 The Care Quality Commission is the independent regulator of health and social care in England. Our purpose We make sure health and social care services provide people with safe, effective, compassionate, high-quality care and we encourage care services to improve. Our role We register, monitor, inspect and rate services to make sure they meet fundamental standards of quality and safety and we publish what we find, including performance ratings to help people choose care. Our values Statement on CQC’s roles and responsibilities for safeguarding children and adults 2 Excellence – being a high-performing organisation Caring – treating everyone with dignity and respect Integrity – doing the right thing Teamwork – learning from each other to be the best we can Introduction Safeguarding children and adults is everyone’s business. This statement sets out what safeguarding means for CQC, what our role and responsibilities are (and are not), and why safeguarding is important to us. This statement reflects the legislative position on safeguarding adults at risk and vulnerable children, and reflects CQC’s methodology for health and care services. The statement is supported by more detailed guidance in the ‘Inspector handbook on safeguarding’. The handbook will help our staff better understand the how, what, when and with whom to help keep safe the children and adults who use the services we regulate. CQC’s work and safeguarding? Safeguarding is a key priority for CQC and people who use services are at the heart of what we do. Our work to help safeguard children and adults reflects both our focus on human rights and the requirement within the Health and Social Care Act 20081 to have regard to the need to protect and promote the rights of people who use health and social care services. Regulated providers of health and social care services all have a key role in safeguarding children and adults receiving care or treatment who may be at risk of abuse and neglect. We monitor how well providers are doing this by assessing the quality and safety of care they provide, based on the things that people tell us matter to them. There are significant differences in the laws and policies that shape how we safeguard children and how we safeguard adults. The legal framework to protect children is contained in Working together to safeguard children (2015) and for adults, the Care Act (2014). However, the overarching objective for both is to enable children and adults to live a life free from abuse or neglect. This cannot be achieved by any single agency. Every organisation and person who comes into contact with a child or adult has a responsibility and a role to play to help keep children and adults safe. Our safeguarding responsibilities are set out on page 7 and information about how we work in partnership with other organisations in safeguarding is on page 13. 1 S.4 (1)(d) Health and Social Care Act 2008 Statement on CQC’s roles and responsibilities for safeguarding children and adults 3 What is our role in safeguarding? Our role in safeguarding is: • Checking that care providers have effective systems and processes to help keep children and adults safe from abuse and neglect. • Our Insight model monitors information we receive about safeguarding to assess risks to adults and children using services, to make sure the right people act at the right time to help keep them safe and to inform our inspections. • Acting promptly on safeguarding issues we discover during inspections, raising them with the provider and, if necessary, referring safeguarding issues to the local authority – who have the local legal responsibility for safeguarding – and the police, where appropriate, to make sure action is taken to keep children and adults safe. • Speaking with people using services, their carers and families as a key part of our inspections so we can understand what their experience of care is like and to identify any safeguarding issues. We also speak with staff and managers in care services to understand what they do to keep people safe. • Holding providers to account by taking regulatory action to ensure that they rectify any shortfalls in their arrangements to safeguard children and adults, and that that they maintain improvements. This includes requiring providers to produce action plans, taking enforcement action to remedy breaches of fundamental standards, and taking action against unregistered providers. • Publishing our findings about safeguarding in our inspection reports, and awarding services a rating within our key question ‘Is the service safe?’ which reflects our findings about safeguarding, safety and quality of the care provided. • Supporting the local authority’s lead role in conducting enquiries or investigations regarding safeguarding children and adults. We do this by co-operating with them and sharing information where appropriate from our regulatory and monitoring activity. We assist the police in a similar way. • Explaining our role in safeguarding to the public, providers and other partners so that there is clarity about what we are responsible for and how our role fits with those of partner organisations. Although we do not have a formal role on Safeguarding Adults or Children’s Boards we work closely with local teams, sharing as appropriate and where asked provide information and intelligence to help them identify risks to children and adults. Statement on CQC’s roles and responsibilities for safeguarding children and adults 4 Safeguarding definitions This section sets out definitions of safeguarding children and adults which we use in exercising our role in safeguarding. We aim to ensure that within the health and care system the right people take the right action in response to safeguarding issues that are identified to protect people, minimise risk and seek improvements. Fundamental standards In April 2015, fundamental standards of safety and quality were introduced which all providers of regulated health and social care activities must meet. The standards set the benchmark below which care must not fall. One of the standards relates to safeguarding. The fundamental standard on safeguarding2 states that children and adults using services we regulate must be protected from abuse and improper treatment. Providers should establish and operate systems and processes effectively to ensure this protection and to investigate allegations of abuse as soon as they become aware of them. In addition, the standard states that care or treatment must not: (i) discriminate on the grounds of any of the protected characteristics of the Equality Act 20103 (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion and belief, sex, sexual orientation) (ii) include acts intended to control or restrain an adult or child that are not necessary to prevent, or not a proportionate response to, a risk of harm to them or another person if the adult or child was not subject to control or restraint (iii) be degrading to the adult or child (iv) significantly
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